Change The Settlement And Residence Act Implementation Regulation

Original Language Title: Änderung der Niederlassungs- und Aufenthaltsgesetz-Durchführungsverordnung

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201. Regulation of the Federal Minister for the Interior, amending the law on the establishment of a law on the establishment of a residence permit and the residence law implementing regulation

On the basis of the Law on the Law of the Netherlands (NAG), Federal Law Gazette (BGBl). I n ° 100/2005, as last amended by the Federal Law BGBl. I No 38/2011, shall be assigned:

The regulation of the Federal Minister of the Interior on the implementation of the law on the establishment of a law on the establishment of the law of establishment and residence (German Law on the Law of the Netherlands-NAG-DV), Federal Law Gazette (BGBl). II No 451/2005, as last amended by the BGBl Regulation. II No 498/2009, shall be amended as follows:

1. In the title of the 1. Section will be the quote " 3 " by quoting " 2 " replaced.

2. In the title of § 1, the word shall be: "Appearance" by the word "Form" replaced.

3. The title of § 2 reads as follows:

"Residence Title"

4. § 2 (1) reads:

" (1) A residence permit for establishment may be issued as:

1.

"Rot-Weiß-Rot-Karte" (§ 8 paragraph 1 Z 1 NAG);

2.

"Rot-Weiß-Rot-Karte plus" (§ 8 paragraph 1 Z 2 NAG);

3.

"Blue Card EU" (§ 8 (1) (3) NAG);

4.

"settlement authorisation" (Article 8 (1) (4) NAG);

5.

"residence permit-excluding gainful employment" (§ 8 para. 1 Z 5 NAG);

6.

"residence permit-national" (Section 8 (1) (6) NAG);

7.

"permanent residence-EC" (§ 8 para. 1 Z 7 NAG);

8.

"family member" (§ 8 (1) (8) NAG);

9.

"permanent residence-family member" (§ 8 para. 1 Z 9 NAG). "

5. In § 2 para. 3 the word order "" "residence permit" and "residence permit" through the phrase "where appropriate" and the parenthesis " (par. 1 or 2) " by the parenthesis expression " (par. 2) " replaced.

6. According to § 2, the following § § 2a and 2b together with the headings are inserted:

" Light Image

§ 2a. (1) The photograph must be coloured and must comply with the requirements of Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals, OJ L 327, 31.12.2002, p. No. 1. as amended by Regulation (EC) No 380/2008, OJ L 327, 30.12.2008, p. No. 1, in particular the required recording methods and quality characteristics.

(2) The photograph must not be older than six months and must be clearly identified by the applicant without any doubt. It is to be delivered in portrait format with a size of 45 mm x 35 mm. Only smooth and glossy paper without a surface structure may be used for the light image. The photograph shall not have any damage, impurities or unnatural colours.

(3) The photograph shall only show the person of the applicant, other persons or objects in the photograph shall be inadmissible. The background must be light-colored and must not have any patterns.

(4) The head of the person shall take about two-thirds of the image. The distance between the eyes must be at least 8 millimetres. The light image has to show the person in a frontal image, with uncovered eyes and neutral facial expression, the skin tones are to be reproduced as naturally as possible. A representation of the person with an inclined or turned head is inadmissible. The wearing of headgear is only permissible for medical or religious reasons.

(5) The face must be evenly illuminated and sharply imaged in all areas, contrasting and clear. Shadow formation in the face and reflections must be avoided. In the case of eyeglass wearers, the eyes must be clearly visible and clearly visible.

(6) As far as this is indicated by the state of development of the person or physical circumstances, deviations from paragraph 4 are permissible.

Papillary line prints

§ 2b. (1) strangers applying for a residence permit shall be involved in the reduction of the papillary line impressions.

(2) The flat imprints of all fingers of the right and left hand shall be taken off, unless the paragraphs 3 to 5 are applied.

(3) In order to prevent the detection of the papillary line impressions of all fingers of both hands not only for a short period of time or for permanent obstacles, the residence permit shall be issued without this biometric feature.

(4) Where an obstacle pursuant to paragraph 3 is not apparent to the competent authority, the applicant shall make it credible, at the request of the Authority, by an official medical opinion.

(5) In the case of minors who have not completed the sixth year of life, the removal of the papillary lines shall be taken to a distance. "

7. § 7 (1) Z 3 reads:

" 3.

Photograph of the applicant in accordance with § 2a; "

8. In Section 7 (3), the word order shall be deleted "the copy" .

9. § 8 Z 7 lit. a and b are:

" (a)

Confirmation of acceptance by the University, the University of Applied Sciences, the accredited private university, the Pedagogical University, the recognized private educational college, the recognized private study course or the recognized private university University course;

b)

in the case of an application for renewal, a written proof of the university, the university of applied sciences, the accredited private university, the Pedagogical University, the recognized private teacher training college, the recognized private university Study course or the recognized private university course on the success of the studies in the previous academic year, in particular a proof of study success in accordance with § 75 (6) of the University Act 2002 (UG), BGBl. I n ° 120 idF BGBl. I n ° 13/2011 as well as a current study sheet and a confirmation of study according to § 62 paragraph 4 UG; "

10. § 9 together with headline reads:

" Further documents and evidence of residence permits pursuant to § 8 (1) Z 1 and 3 NAG

§ 9. (1) In addition to the documents and evidence referred to in § 7, the application for the granting of a residence permit "Red-White-Red-Card" pursuant to section 41 (1) of the NAG shall be followed by further documents and evidence, provided that these documents are not already before the Issuance of a visa pursuant to section 24a (2) of the FPG has been submitted:

1.

Proof of a university degree at a tertiary education institution with a minimum of four years:

a)

Certificate of successful completion of studies and

b)

proof of the status of the university or other tertiary education institution;

2.

to prove a habilitation, the document with which it was awarded;

3.

for the proof of last year's gross annual salary in a management position of a listed company or company, for its activities or A positive opinion from the relevant external trade office is available:

a)

tax decision or salary confirmation,

b)

Confirmation from the employer that the applicant was in a leading position and

c)

Proof that the company is listed on the stock exchange or a positive opinion from the relevant external trade office concerning the activities and/or activities of the company. the business unit of the company;

4.

to demonstrate a research or innovation activity:

a)

proof of scientific publications, indicating the title and the place of discovery,

b)

Confirmation from a university or public or private research institution that the applicant has been engaged in research and development or in the scientific, including the research-led academic teaching, or

c)

Proof of a patent application by means of an extract from the national or regional patent register;

5.

for the proof of recognised awards and prizes, a certificate confirming the award;

6.

for proof of professional experience:

a)

Certificate of service and

b)

Confirmation of work;

7.

for proof of knowledge of the German or English language, an internationally recognised language diploma or course certificate confirming this knowledge;

8.

for proof of study in Austria (second part or half of the ECTS credits), the corresponding study book and the corresponding examination certificates;

9.

a certificate of successful completion of this course of study for the proof of a diploma or bachelor's and master's degree in Austria;

10.

Employer declaration in accordance with the Foreigners Employment Act.

(2) In addition to the documents and evidence referred to in § 7, the application for a residence permit "Red-White-Red-Card" pursuant to § 41 (2) Z 1 and 2 NAG shall be followed by additional documents and evidence:

1.

a certificate or diploma corresponding to the proof of completed vocational training;

2.

to demonstrate specific knowledge and skills:

a)

Certificate of service or training; and

b)

Confirmation of work;

3.

Proof of the general university entrance qualification certificate of a school leaving certificate, which is the general university entrance qualification within the meaning of § 64 (1) of the University Act 2002, BGBl. I n ° 120;

4.

Proof of a university degree at a tertiary education institution with a minimum of three years:

a)

Certificate of successful completion of studies and

b)

proof of the status of the university or other tertiary education institution;

5.

on evidence of professional experience in education:

a)

Certificate of service and

b)

Confirmation of work;

6.

for proof of knowledge of the German or English language, an internationally recognised language diploma or course certificate confirming this knowledge;

7.

for additional points as professional sportsman or professional sports trainer:

a)

Certificate of service and

b)

Confirmation of work;

8.

Employer declaration in accordance with the Foreigners Employment Act.

(3) In addition to the documents and evidence referred to in § 7, the application for a residence permit "Red-White-Red-Card" pursuant to section 41 (2) Z 3 NAG shall be followed by additional documents and evidence:

1.

for proof of study in Austria (second part or half of the ECTS credits), the corresponding study book and the corresponding examination certificates;

2.

a certificate of successful completion of this course of study for the proof of a diploma or bachelor's and master's degree in Austria;

3.

Employer declaration in accordance with the Foreigners Employment Act.

(4) In addition to the documents and evidence referred to in § 7, the application for a residence permit "Red-White-Red-Card" pursuant to section 41 (2) Z 4 NAG shall be followed by additional documents and evidence:

1.

Proof of the transfer of investment capital or the creation and safeguarding of jobs;

2.

Description and objectives of the intended business activity ("business plan").

(5) In addition to the documents and documents referred to in § 7, the application for a residence permit "Blue Card EU" in accordance with § 42 or § 50a (1) NAG shall be followed by further documents and evidence:

1.

Proof of a university degree at a tertiary education institution with a minimum of three years:

a)

Certificate of successful completion of studies;

b)

proof of the status of the university or other tertiary education institution;

2.

Employer declaration in accordance with the Foreigners Employment Act. "

11. In accordance with § 9, the following § 9a and title shall be inserted:

" Further documents and evidence of residence permits pursuant to § 8 (1) Z 4 to 6 NAG

§ 9a. In addition to the documents and documents referred to in § 7, the application for a residence permit pursuant to section 8 (1) (4) to (6) of the NAG shall be followed by further documents and evidence:

1.

for a "settlement permit-excluding gainful employment" in the case of section 44 (2) NAG:

a)

Proof of the former property as a bearer of privileges and immunities in accordance with § 95 FPG;

b)

Proof of retirement;

2.

for a "settlement permit" in the cases of § § 43 (2) and 49 (4) NAG:

a)

proof of self-employment;

b)

Description and objectives of the intended business activity ("business plan");

3.

for a "residence permit-member of the European Union":

a)

Declaration of Liability of the Merge;

b)

in the case of section 47 (3) Z 1 of the NAG: proof of the nature and extent of the maintenance;

c)

in the case of section 47 (3) Z 2 NAG: evidence of the existence of a permanent relationship with the applicant in the country of origin and proof of the nature and extent of the maintenance;

d)

in the case of section 47 (3) Z 3 lit. a NAG: evidence of the nature and extent of the maintenance and the period of maintenance already made;

e)

in the case of section 47 (3) Z 3 lit. b NAG: Proof of the domestic community in the country of origin;

f)

in the case of section 47 (3) Z 3 lit. c NAG: evidence of serious health reasons and proof of the compelling necessity of personal care by the merging person. "

12. In accordance with section 9a, the following section 3a, including the heading, is inserted:

" 3a. Section

To § 21a NAG

Proof of German language skills

§ 9b. (1) Knowledge of the German language for elementary language use at the simplest level within the meaning of Article 21a (1) NAG corresponds to the A1 level of the Common European Framework of Reference for Languages (Common European Framework of Reference for Languages) Languages: learn, teach, assess, Berlin, etc., Langenscheidt 2001).

(2) As proof of sufficient knowledge of German within the meaning of Article 21a (1) of the NAG, generally accepted language diplomas or certificates shall apply from the following institutions:

1.

Austrian Language Diploma German;

2.

Goethe-Institut e.V.;

3.

Telc GmbH;

4.

Austrian Integration Fund.

(3) The language diploma or certificate must show that the foreigner has knowledge of the German language at least at A1 level of the Common European Framework of Reference for Languages. Otherwise, proof of sufficient German language skills shall be deemed not to be provided. "

13. The previous section 4a. receives the section label "4b." and the previous § 10a receives the paragraph designation "10b" , and shall be inserted in accordance with Section 10 of the following section 4a (new) and heading:

" 4a. Section

To § 50a (3) NAG

Form and content of the confirmation of the application in accordance with § 50a (3) NAG

§ 10a. (1) Confirmations concerning the application in accordance with § 50a NAG shall be issued in accordance with the model of Appendix I.

(2) Only forms produced by the Österreichische Staatsdruckerei may be used on security paper according to the model of Appendix H for the production of the confirmation referred to in paragraph 1. The forms shall be strictly calculated by the authorities. "

14. In accordance with § 10b (new), the following section 4c, together with the heading, is inserted:

" 4c. Section

Zu § 64 Abs. 6 NAG

Form and content of the confirmation of the lawful stay according to § 64 para. 4 NAG

§ 10c. (1) Confirmations about the lawful stay according to § 64 paragraph 4 NAG shall be issued in accordance with the model of the Appendix J.

(2) Only forms produced by the Österreichische Staatsdruckerei may be used on security paper according to the model of Appendix H for the production of the confirmation referred to in paragraph 1. The forms shall be strictly calculated by the authorities. "

15. In § 13, the following paragraphs 6 and 7 are added in accordance with paragraph 5:

" (6) The transcripts of the 1. Section and § § 1 and 2, § § 2 (1) and (3), 2a and 2b together with headlines, 7 para. 1 Z 3 and para. 3, 8 Z 7, 9 and 9a together with headlines, the title of the 3a. Section, section 9b and headline, the title of the 4a. Section, section 10a, together with headline, the title of the 4b. Section, section 10b with headline, the title of the 4c. Section, section 10c, together with the heading, as well as the annexes A to F, I and J, as amended by the Federal Minister of the Interior, Federal Law Gazette (BGBl). II No 201/2011, enter into force on 1 July 2011.

(7) § 2b in the version of the regulation of the Federal Minister of the Interior, BGBl, is based on procedures already pending before 1 July 2011, and in which the residence permit is to be followed up to 31 December 2011 at the latest. II No 201/2011, with the proviso that the withdrawal of the papillary line pressures may be offset if this would constitute a disproportionate administrative burden. "

16. The facilities A to F are:

(see Annexes A to F)

The following Annexes I and J shall be added to Annex H:

(see Annexes I and J)

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